§ 32-33. Grant of authority.

(a)

There is granted by the city to the grantee, the right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto in the city poles, wires, cables, underground conduits, manholes and other cable conductors and fixtures necessary for the maintenance and operation in the city of a CATV system, to be used for the sale and distribution of cable services to the residents of the city. Such broadband cable services shall include, but not be limited to, the carriage of television and FM radio signals, satellite cablecast programming, data and textual information.

(b)

The authority granted to conduct a CATV system in the city and to obtain all rights-of-way and easements pursuant thereto is not and shall not be deemed to be an exclusive right or permission. The city expressly reserves the right to grant similar nonexclusive franchises to other persons, firms or corporations to conduct CATV within the city at any time or for any period of time. No similar nonexclusive additional franchise thus granted by the city shall in any way affect the obligations of the grantee under this article. Any additional franchise granted by the county or governing body other than the city council shall not under any circumstances be held to affect the grantee's obligations to the city.

(c)

The grantee shall, at all times during the operation of a franchise granted under this section, be subject to all lawful exercise of the police power as may be hereafter provided by the franchising authority.

(Code 1952, ch. H, art. VI, § 2)